People v. Gomez

Defendant appeals from a judgment convicting him of possession of heroin (Health & Saf. Code, § 11500). The case was submitted to the superior court on the transcript of the preliminary examination proceedings. The main contention on appeal is that the heroin was illegally obtained from defendant’s person. The facts follow.

Defendant was moved by ambulance from a parked auto to the emergency hospital. He was unconscious, there was froth on his mouth, and he appeared to be having convulsions.

At the hospital efforts were made to restore defendant’s breathing, which had stopped three or four…